University of Miami School of Law
Northwestern Pritzker School of Law
Boston University School of Law
University of California, Berkeley School of Law
University of Connecticut Human Rights Institute
American University Washington College of Law
William & Mary Law School
University of St. Thomas, Minnesota
UIC School of Law
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity,
2023
Brooklyn Law School
Deep Dive Into Deepfakes—Safeguarding Our Digital Identity, Yi Yan
Brooklyn Journal of International Law
Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a …
Federal Data Privacy Regulation: Do Not Expect An American Gdpr,
2023
DePaul University College of Law
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities,
2023
DePaul University College of Law
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
DePaul Business & Commercial Law Journal
No abstract provided.
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising,
2023
California State University, Northridge
Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker
DePaul Business & Commercial Law Journal
No abstract provided.
Welcome Address,
2023
DePaul University
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Front Matter,
2023
DePaul University
Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest,
2023
Villanova University Charles Widger School of Law
Arresting Assembly: An Argument Against Expanding Criminally Punishable Protest, Allison M. Freedman
Villanova Law Review
No abstract provided.
Social Media And Free Speech: A Collision Course That Threatens Democracy,
2023
Ohio Northern University
Social Media And Free Speech: A Collision Course That Threatens Democracy, Ryan Michael Johnson
Ohio Northern University Law Review
No abstract provided.
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse,
2023
Pepperdine University
Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye
Pepperdine Law Review
Online spaces have undoubtedly played a significant role in facilitating discourse and the exchange of information. With this increased discourse, however, digital platforms have also seen a rise in harmful or problematic content shared online––including health misinformation, hate speech, and child sex abuse material, among others. Many commentators have put the blame for this trend on Section 230, arguing that Section 230 has enabled the spread of harmful content and suggesting that Section 230 ought to be amended or replaced. This Essay, by contrast, argues that the current narrative about Section 230 gets it wrong. In reality, Section 230 has …
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic,
2023
Mississippi College School of Law
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic, Sean Turnipseed
Mississippi College Law Review
SARS-CoV-2, colloquially termed “COVID-19,” dramatically altered the world in which we live. But no one would have guessed the virus would spark a flurry of litigation under the U.S. Constitution’s Free Exercise Clause. Shortly after the virus began to spread, former President Donald Trump advised a twoweek plan with hopes to “flatten the curve” of COVID-19’s impact. The plan encouraged individuals to avoid gatherings with ten or more people, work and attend school from home, eat at home rather than in restaurants, and avoid discretionary travel and shopping, to name a few. But the two-week plan did not effectively thwart …
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries,
2023
Indiana University Maurer School of Law
Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway
Indiana Journal of Law and Social Equality
No abstract provided.
Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech,
2023
Indiana University Maurer School of Law
Qualified Immunity And The Unintentional, Or Intentional, Chill On Free Speech, Madison Heiney
Indiana Journal of Law and Social Equality
No abstract provided.
Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign,
2023
University of Miami Law School
Copyright And Political Campaigns: How Much Control Should A Copyright Owner Have Over The Use Of Their Musical Work In A Political Campaign, Jared Zim
University of Miami Business Law Review
Music often tells a powerful story, driving emotional connections. As a result, politicians rely on music in every aspect of their political campaigns from political advertisements to campaign rallies. There is a long history of such political uses of music, often without an artist’s permission. While most disputes over such uses have ended in either settlement or the campaign stopping use of the infringed work, former President Donald Trump’s unauthorized use of music on the campaign trail sparked countless artist complaints. The complaining musicians feared any implication that they endorsed Trump and did not want any association with a political …
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court,
2023
St. John's University School of Law
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
Disinformation And The First Amendment: Fraud On The Public,
2023
St. John's University School of Law
Disinformation And The First Amendment: Fraud On The Public, Wes Henricksen
St. John's Law Review
(Excerpt)
Following the 2020 presidential election, the losing candidate, Donald Trump, along with most of the Republican Party, spread the false claim that the election had been stolen by Democrats. Joe Biden, so the claim went, had not been legitimately elected, and was therefore an illegitimate President and needed to be removed. This profitable falsehood6 became known as the “Big Lie.” It was not only baseless, but it was in fact made in spite of and in direct conflict with the overwhelming evidence debunking it. This did not stop people from believing it. Millions bought into the Big Lie, which …
The ‘Weaponized’ First Amendment At The Marble Palace And The Firing Line: Reaction And Progressive Advocacy Before The Roberts Court And Lower Federal Courts,
2023
University of Pennsylvania Carey Law School
The ‘Weaponized’ First Amendment At The Marble Palace And The Firing Line: Reaction And Progressive Advocacy Before The Roberts Court And Lower Federal Courts, Seth F. Kreimer
All Faculty Scholarship
It once seemed that the First Amendment doctrine developed by the Supreme Court stood as a bulwark protecting grassroots struggles for social change. In the twenty-first century, however, particularly since the appointments of Chief Justice Roberts and Justice Alito in 2005, a number of observers have begun to view the Supreme Court’s First Amendment work as a “weaponized” redoubt of reaction.
This sense of the rightward tilt of Supreme Court decisions is rooted in reality. Examining 104 Supreme Court First Amendment cases decided during the 2005–2020 Terms, it turns out that successful litigants are four times as likely to come …
How Free Is Your Speech On Social Media? Reconciling The Circuit Split Created By The Eleventh And Fifth Circuit’S Decisions On Anti-Censorship Laws Governing Social Media Platforms,
2023
Mercer University School of Law
How Free Is Your Speech On Social Media? Reconciling The Circuit Split Created By The Eleventh And Fifth Circuit’S Decisions On Anti-Censorship Laws Governing Social Media Platforms, Stella Preston
Mercer Law Review
If you were to walk up to a random person on the street and ask to look at their cell phone, it is almost guaranteed that you would find one or more social media applications (apps) installed. In fact, according to a 2021 study conducted by Pew Research Center, around 72% of the adult population within the United States uses some form of social media. Some of the most notoriously known and popularly used social media apps include Facebook, Twitter, Instagram, and YouTube. At a fundamental and foundational level, social media is used as a means of communication between people …
Disinformation And The Defamation Renaissance: A Misleading Promise Of “Truth”,
2023
University of Miami School of Law
Disinformation And The Defamation Renaissance: A Misleading Promise Of “Truth”, Lili Levi
University of Richmond Law Review
Today, defamation litigation is experiencing a renaissance, with progressives and conservatives, public officials and celebrities, corporations and high school students all heading to the courthouse to use libel lawsuits as a social and political fix. Many of these suits reflect a powerful new rhetoric—reframing the goal of defamation law as fighting disinformation. Appeals to the need to combat falsity in public discourse have fueled efforts to reverse the Supreme Court’s press–protective constitutional limits on defamation law under the New York Times v. Sullivan framework. The anti–disinformation frame could tip the scales and generate a majority on the Court to dismantle …
Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?,
2023
Marquette University Law School
Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta
Marquette Law Review
None.
The Right Of Publicity: A New Framework For Regulating Facial Recognition,
2023
Brooklyn Law School
The Right Of Publicity: A New Framework For Regulating Facial Recognition, Jason M. Schultz
Brooklyn Law Review
For over a century, the right of publicity (ROP) has protected individuals from unwanted commercial exploitation of their identities. Originating around the turn of the twentieth century in response to the newest image-appropriation technologies of the time, including portrait photography, mass-production packaging, and a ubiquitous printing press, the ROP has continued to evolve along with each new wave of technologies that enable companies to exploit peoples’ images and identities for commercial gain. Over time, the ROP has protected identities from misappropriation in photographs, films, advertisements, action figures, baseball cards, animatronic robots, video game avatars, and even digital resurrection in film …
